RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 October 2005
DOCKET NUMBER: AR20050001568
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Mr. Carl W. S. Chun
Director
Ms. Prevolia A. Harper
Analyst
The following members, a quorum, were present:
Mr. Ted S. Kanamine
Chairperson
Mr. Patrick H. McGann, Jr.
Member
Ms. Carol A. Kornhoff
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his records to show award of the Purple Heart.
2. The applicant states that he sustained an injury in Iraq as the result of the explosion of an Improvised Explosive Device (IED).
3. The applicant provides an excerpts from his medical record and a DA Form 2173 (Statement of Medical Examination and Duty Status) in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicants record shows he initially enlisted in the United States Army Reserve (USAR) on 31 January 1986. He enlisted in the Regular Army on
5 December 2002 and was honorably separated on 9 September 2004.
2. The applicants Official Military Personnel File does not contain his service medical records.
3. The applicants DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 9 September 2004 shows the applicant was ordered to active duty in support of Operation Enduring Freedom and Iraqi Freedom. His DD Form 214 also shows he served in Kuwait/Iraq during the period 21 April 2003 through 31 July 2004. This area was classified as an imminent danger pay area.
4. The applicants DD Form 214 shows in item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he received the following awards: NATO Medal; Army Commendation Medal (2nd Award); Army Achievement Medal; Army Reserve Components Achievement Medal (4th Award); National Defense Service Medal (2nd Award); Global War on Terrorism Expeditionary Medal; Global War on Terrorism Service Medal; Armed Forces Expeditionary Medal; Armed Forces Reserve Medal with M Device (2nd Award), Armed Forces Reserve Medal, Noncommissioned Officers Professional Development Ribbon with Numeral
2; and the Army Service Ribbon.
5. The applicant provided a Standard Form 600 (Chronological Record of Medical Care), dated 9 October 2003, which shows the applicant was treated for a puncture wound on his thumb, an injury sustained during an IED attack.
6. The applicant provided a copy of Standard Form 600, dated 9 October 2003 which shows he was treated for a wound to his left thumb and tinnitus [ringing in ears] after IEDs exploded near his vehicle.
7. The applicant also provided a DA Form 2173 which shows his injury was incurred in the line of duty and that he suffered a puncture wound to his left thumb.
8. There are no General Orders which show the applicant was awarded the Purple Heart for his wounds.
9. Army Regulation 800-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record. There is no statute of limitations governing requests for award of the Purple Heart.
DISCUSSION AND CONCLUSIONS:
1. The applicants claim of entitlement to the Purple Heart was carefully considered and found to have merit. By regulation, in order to award the Purple Heart it is necessary to establish that a Soldier was wounded as a result of enemy action, that the wound required treatment by a medical officer, and that the record of medical treatment was made a matter of official record.
2. The applicants claim is corroborated by medical evidence which he provided. It includes excerpts from his medical records which show he was injured as the result of an IED attack near his vehicle. As a result, it is concluded the regulatory burden of proof necessary to support award of the Purple Heart has been satisfied in this case.
BOARD VOTE:
__TSK __ __PHM__ __CAK__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart, for wounds received in action on 9 October 2003, while serving in support of Operation Iraqi Freedom.
____ Ted S. Kanamine_ __
CHAIRPERSON
INDEX
CASE ID
AR20050001568
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20051013
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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